This side argues that the ukuthwala custom might have been justified by the traditional social economic structure in which it developed, but it has outlived its usefulness ukuthwala and media- ayanda articles relating 'ukutwala' negative reponses. The practice of ukuthwala in jezile v the state mandivavarira mudarikwa facts of jezile v the state 1 between december 2009 and january 2010, jezile, who was 28 years old at the time, travelled to his rural home village in the eastern cape with the intention of finding a girl or young woman to marry according to his custom 2 from the evidence presented in court, his requirements for the. Ukuthwala is a form of abduction that involves kidnapping a girl or a young woman by a man and his friends or peers particularly article 5 on harmful traditional.
Mwelo nokonyana, said ukuthwala was 'an old custom that was now being wrongly practised in several parts of - journal of family law and practice. The act of ukuthwala traditionally required the culprit to pay one or more head of cattle to the father or legal guardian of the girl age old custom of ukuthwalwa. Ebscohost serves thousands of libraries with premium essays, articles and other content including ukuthwala custom in south africa: a constitutional test get access to over 12 million other articles. Commenting on the matter, congress of traditional leaders of south africa (contralesa) chairman, chief mwelo nokonyana, said ukuthwala was 'an old custom that was now being wrongly practiced in several parts of the eastern transkei.
Masimanyane is a women's rights organisation fighting violence againt women and advocating for gender and economic justice. For many women's rights activists, practices such as ukuthwala should be banned entirely as being inimical to human rights, particularly those of women and the girl child on the other hand, cultural activists make the point that the laws of the land are already adequate to target these crimes masquerading as custom. Ukuthwala is one such irregular method which would, if the precepts of the custom were correctly followed, eventually lead to the conclusion of a valid marriage under the customary law it was described as a method instigated by willing lovers to initiate the marriage negotiations by the respective families where there was some form of. Ukuthwala in its traditional form is a collusive strategy by the willing lovers to secure marriage negotiations in this form it has been described as 'harmless, romantic and a charming age-old custom. The constitutionality of ukuthwala custom in south africa with reference to right to privacy, human dignity and education 1 introduction in south africa the custom of ukuthwala originated from xhosas speaking tribe and this practice has stretched out to different tribe for example the mpondo has.
Ukuthwala, it is contrary to custom to seduce a girl25 by custom, the suitor, after forcibly taking the girl to his home village, is required to report the thwala to. Ukuthwala custom in south africa: a constitutional test hlako choma section 31 of the south african constitution provides that every person shall have the right to use the language and to participate in the cultural life of his or her chose. South africa's first bill of rights was contained in chapter 3 of the transitional constitution belief and opinion is balanced against tradition and custom, by. In south africa the custom of ukuthwala originated from the isixhosa people, and has since expanded into different ethnic groups in the eastern cape there have been instances of young girls having been forced into marriages with older men, sometimes as old as 70.
With the controversial custom of ukuthwala and the belief in witchcraft this paper will seek to demonstrate that conduct of an accused who thalas a girl with the honest and bona fide intention to secure a wife under the custom of ukuthwala, where the. Custom, applied to a community or to an individual, implies a more or less permanent continuance of a social usage: it is the custom to give gifts at christmas time. Ukuthwala is a custom in some african communities where a girl is kidnapped to force her parents into marriage negotiations with her kidnapper, who is known to the family the practice. The western cape high court dismissed an argument that a man was practising a traditional custom called ukuthwala, when he bought, raped and abducted a 14-year-old girl in 2010 mvumeleni jezile. Jezile v s (national house of traditional leaders and others as amici curiae)  3 all sa 201 (wcc) criminal law - customary law - ukuthwala - conviction for rape and child trafficking - section 28(1)(d) of the constitution stipulates that every child has the right to be protected from maltreatment, neglect, abuse or degradation.
Free ebook: beyond the marshes by ralph connor have you ever caught the scent of the clover as you were whirled awayby the train beyond the city on a summer's day and sped through therich pasture lands. Violation of w omen's rights by harmful traditional practices newman w adesango , symphor osa rembe and owence chabaya although the ukuthwala custom or. A commission conducted hearings into ukuthwala in july following media reports that girls as young as 12 were being abducted and raped under the pretext of the custom about 200 people including survivors, took part in hearings. Although ukuthwala has been criminalised and has been incorporated into the trafficking in persons act, some people still see it as a normal form of tradition and custom.
Ukuthwala is one such irregular method which would, if the precepts of the custom were correctly followed, eventually lead to the conclusion of a valid marriage under customary law. Search the world's most comprehensive index of full-text books my library.
Home resources publications ukuthwala what is ukuthwala ukuthwala is a form of abduction that involves kidnapping a girl or a young woman by a man and his friends or peers with the intention of compelling the girl or young woman's family to. The perpetrators claim to be practising the custom of ukuthwala typically, these abductors force themselves sexually on girls as their brides typically, these abductors force themselves. Salvation army calls for an end to ukuthwala in south africa through the cultural custom of ukuthwala this is particularly the case in rural areas, according.